The Department of Justice (DOJ) has filed a lawsuit accusing Virginia of illegally providing college tuition discounts to illegal aliens living in the state.
The state Education Code classifies undocumented immigrants as Virginia residents, making them eligible for reduced in-state tuition. lawsuit claims. The policy thus allows undocumented immigrants to access benefits not available to most other Americans, making it “not only wrong, but illegal,” the Justice Department said. (RELATED: Here's How Schools Serve Illegal Immigrants While Avoiding Federal Oversight)
“Federal law prohibits states from providing aliens who are not lawfully present in the United States with any postsecondary education benefits that are denied to U.S. citizens,” the court papers state. “There are no exceptions. Yet Virginia is violating it. This court should put a stop to it and permanently enjoin compliance with provisions of the Virginia Education Code that directly conflict with federal immigration law.”
This classification means illegal immigrants could pay nearly $40,000 less than Americans living in another state. In the 2025-2026 academic year, the University of Virginia (UVA) charged in-state students $23,897 for undergraduate tuition, while out-of-state students paid $62,923. according to in US News & World Report.
Students return to the University of Virginia for the fall semester on August 19, 2017 in Charlottesville, Virginia. (Photo by Vin McNamee/Getty Images)
Federal immigration law states that “an alien who is not lawfully present in the United States is not entitled by reason of residency… to any postsecondary education benefit unless a citizen or subject of the United States is entitled to such benefit… whether or not such citizen or subject is such a resident,” according to the lawsuit.
The Trump administration has sued several states have already passed similar laws giving illegal immigrants advantages over American citizens. Even in June Texas united with the Justice Department to repeal its own law allowing illegal immigrants to receive red state tuition.
In February, President Donald Trump signed decree calling on agencies to ensure that “no taxpayer-funded benefits go to unqualified aliens.” The order included a ban on states using taxpayer funds to subsidize illegal immigrants and try to obstruct deportation efforts.
In July, the federal government rescinded a Clinton-era rule that allowed illegal immigrants to access taxpayer funds for technical and vocational schools, the Daily Caller News Foundation reported. reported exclusively.
All content produced by the Daily Caller News Foundation, an independent and unbiased news service, is available free of charge to any legitimate news publisher that can reach a large audience. All republished articles must include our logo, our reporter's byline and DCNF affiliation. For any questions about our policies or partnerships with us, please contact [email protected].
